26 United States TheEconomistMay14th 2022
tinuedtofacebarriersin education. A stu
dy from Stanford University found that lo
cal police partnerships with Immigration
and Customs Enforcement, America’s im
migrationenforcement agency, reduced
school enrolment within two years among
Hispanic pupils by nearly 10% compared
with districts without such policies. The
programme displaced over 300,000 His
panic pupils in America between 2005 and
2011. In 2011 a new law in Alabama required
public schools to determine the citizen
ship and immigration status of children
enrolling in school. (It was eventually
blocked.) The Trump administration
sought ways to prevent undocumented
children from enrolling in school, but gave
up on the effort.
Mr Abbott thinks Texas spends too
much educating such children. Rice Uni
versity’s Baker Institute for Public Policy
estimates the cost at $1.5bn in 2018 (less
than 3% of the state’s outlays on educa
tion). This may be an overestimate. “Mar
ginal cost might be a better way to look at
it,” notes Alex Nowrasteh of the Cato Insti
tute, a libertarian thinktank. “Adding one
more student does not increase cost very
much...It’s not like they are going to shut
down a school.” A full calculation should
also consider tax revenues. The Baker In
stitute estimates that revenue collected
from undocumented immigrants exceeds
state expenditures on them by $421m.
How serious is Mr Abbott’s intent? A
successful challenge to Plylerwould take
years, from passing state legislation to the
subsequent legal challenges and an even
tual Supreme Court decision. “This is a 40
yearold precedent at this time on the fed
eral level. I don’t think there’s a lot of appe
tite to pursue this,” says Mr Nowrasteh.
Maybe, but there is appetite forthepolitics
of it—and conservatives have Supreme
Court precedents in their sights.n
Alesson in politics
Wrongfulconvictions
Delayed justice
I
n theautumnof2006,twoteenagegirls
weresexuallyassaultedinDetroit.With
inweeks,thepolicehadtheirman.Terance
Calhoun,a local19yearold,wasspottedin
a liquor store nearby and appeared to
matchthecompositesketchthepolicehad
produced.HepleadednocontestinFebru
ary 2007 andwasdispatchedtoprison.
Therewasjustoneproblem:hedidn’t
do it. A followupinvestigation in 2019
founda litanyofredflagsinhowthecase
washandled,includinganunrecordedpo
liceinterrogationandthefactthatMrCal
houn,whowasfoundtobecognitivelyde
ficient, had been questioned without a
lawyerpresent.OnApril27th,after 15 years
behindbars,hewasexonerated.
Hewasnotalone.Thegovernmentdoes
notrecordfigures,butin 2012 a pairofpro
fessorsfoundedtheNationalRegistryof
Exonerations(nre) tokeeptrack.Itcount
ed 161 exonerationslastyear,upmorethan
sixfoldcomparedwith1989,when there
werejust 24 (seechart).Theseshedlighton
weakspotsinAmerica’sjusticesystem.
Anexoneration“doesn’tjusthappenon
itsown”,saysBarbaraO’BrienofMichigan
StateUniversity,whorunsthenre. Acru
cialdevelopmenthasbeentheriseof“pro
fessionalexonerators”.Thesewerespurred
by improvementsindnatesting,which
spreadpublicawarenessofmistakes,and
cantaketwoforms.First,advocacygroups
suchastheInnocenceProjectplaya rolein
lobbyingforindividualcases.Thewmu
CooleyInnocenceProject,a partofWest
ernMichiganUniversity’slawschool,was
a criticalcomponentinMrCalhoun’scase.
Second,andperhapsmoreimportant,are
ConvictionIntegrityUnits(cius),branch
esofprosecutors’officestaskedwithin
vestigatingpossible miscarriagesofjus
tice.Together,theseprofessionalexonera
tors were responsible for 60% ofover
turnedconvictionslastyear.
Some cius require cases to be dna
based;a fewconsideronly cases which
havebeentried(asopposedtooneswith
guiltypleas);otherslookateveryapplica
tion. Onceittakesona case,aciucombs
throughpolicefiles,courttranscriptsand
labresults,insearchofflaws.Theciuin
WayneCounty,Michigan,piecedtogether
thealarmingstoryofMrCalhoun’sconvic
tion.Itfoundthatthednaanalysisofa
condomatthesecondcrimescene,com
pletedjustthreemonthsafterhisconvic
tion,hadexcludedhimasitspotentialdo
nor. This result was apparently never
showntoMrCalhoun’slawyers.Otherdis
coveriesincludedthefactthatoneofthe
victimshadclearlydescribeda perpetrator
with“braids”anda distinctive“puzzletat
too”,neitherofwhichMrCalhounhad.
Sincethefirstcius wereestablishedin
theearly2000s, 93 otherjurisdictionshave
followed.Lastyear 16 wereformed,from
Bessemer,Alabama,toMonterey,Califor
nia.Minnesotasetupa statewideciulast
August. Yet many are understaffed and
underfunded, and they remain few in
numberrelativeto themore than2,400
electedprosecutorsacrossthecountry.
Officialmisconductisthemainreason
behindmostexonerations:itplayeda role
in 102 ofthe 161 caseslastyear.In2012,for
example,RonaldWatts,aChicagopolice
sergeant,wasarrestedforstealingfederal
fundsfromanundercoverfbiinformant.
It gradually emerged that he had been
plantingdrugsandextortingvictimsover
thecourseofa decade,stitchingthemup
onboguschargesiftheyrefusedto pay.
Startingin2016,theciuinIllinois’sCook
Countybeganidentifyingandtossingout
allconvictionslinkedtohim.Sofarover
100 havebeenoverturned.
Mistakeneyewitnessidentificationac
countsforabouta thirdofexonerations.
Misleadingforensicevidenceisrelatively
rare, responsible for roughly 20% of
wrongful convictions. Other factors in
cludeperjuryand,asinMrCalhoun’scase,
falseorcoercedconfessions.Nearlythree
quartersoftheexoneratedwhofalselycon
fesshavebeenfoundtobementallyillor
intellectuallydisabled.
Since 1989 thenrehasrecordedmore
than 3,000 exonerations in America,
amountingto27,080yearsoflostfreedom.
Thatisjustthetipoftheiceberg.Samuel
Gross,oneoftheproject’scofounders,es
timatesthatthewrongfulconvictionrate
maybeashighas2%,orsome20,000false
felony convictions a year. Finding and
overturning those injustices isessential
work—for Mr Calhoun, now in his
mid30s,andthemanyotherslikehim.n
N EWYORK
Thenumberofexonerationshasrisen,
andtheirpatternisrevealing
Guilty until proven innocent
United States, number of exonerations, by crime
Source:NationalRegistryof Exonerations *To May 10th
200
150
100
50
0
1510052000951989 22*
Other
Sex crimes
Drug possession or sale
HomicideHomicide